USCIS Opens International Field Office in Quito, Ecuador

USCIS opened an international field office in Quito, Ecuador, on September 10, 2024, to provide immigration expertise to the U.S. embassy and regional partners in support of the Safe Mobility Offices in Ecuador. The Safe Mobility initiative facilitates expedited refugee processing through the U.S. Refugee Admissions Program and provides information and referrals to other lawful migration pathways to the United States and other countries. In addition to supporting refugee processing, the USCIS Quito Field Office assumes responsibility for processing Form I-730, Refugee/Asylee Relative Petition, overseeing DNA sample collection, conducting overseas verification requests, and other USCIS workloads that the Department of State’s consular staff currently handles. USCIS performs certain fraud detection-related activities and provides other limited services.  Services are available only by appointment; no walk-ins are allowed.

Link: Ecuador - USCIS Quito Field Office | USCIS

Designation of the State of Qatar into the Visa Waiver Program

Per a joint Department of Homeland Security and State Department announcement, nationals of Qatar will be eligible to apply for visa-free business or tourist visitor travel to the United States starting no later than December 1, 2024. Qatari nationals will be able to apply for visa-free visitor travel through the Electronic System for Travel Authorization (ESTA).

Link:  Press Releases | Homeland Security (dhs.gov)

USCIS Extends Certain Fee Exemptions and Expedited Processing for Afghan Nationals

Afghan nationals paroled into the United States on or after July 30, 2021, are eligible for continued fee exemptions and streamlined processing for various immigration benefits. The extension is being implemented to enable USCIS to more quickly process applications and requests for associated services. A full list of Fee Exemptions and forms eligible for Expedited Processing is available on the USCIS web site.

Link: USCIS Extends Certain Fee Exemptions and Expedited Processing for Afghan Nationals | USCIS

DHS Notice of Employment Authorization for Liberian Nationals Covered by Deferred Enforced Departure

Deferred Enforced Departure (DED) and employment authorization has been extended through June 30, 2026, for eligible noncitizens who are nationals of Liberia (or persons having no nationality who last habitually resided in Liberia). The extension applies to those who are covered under DED by the June 28, 2024, Presidential Memorandum.

Link: Implementation of Employment Authorization for Individuals Covered by Deferred Enforced Departure for Liberia

New Methods for Filing a Change of Address with USCIS

Non-citizen petitioners, beneficiaries, and applicants must inform USCIS of any change of home address. For most non-citizens USCIS must be notified within 10 days of moving. Individuals are reminded that changing an address with the U.S. Postal Service will not change an address with USCIS and the U.S. Postal Service will not forward mail from USCIS even with a forward mail request on file at the Post Office.

The two available methods for address change are:

• Through a new or existing USCIS online account (attorney or individual account)

• Or sending a paper Form AR-11, Alien’s Change of Address Card, by mail.

Exceptions exist for:

• Sponsors who sign a Form I-864, Affidavit of Support must file Form I-865 Sponsor's Notice of Change of Address to update USCIS with their change of address within 30 days of their move. This form is still filed on paper (not electronically).

• A change of address in a pending Freedom of Information Act (FOIA) or Privacy Act (PA) request should still be made by contacting USCIS by email at FOIAPAQuestions@uscis.dhs.gov.

Link:  Alien’s Change of Address Card | USCIS

USCIS Makes Additional Updates to Policy Guidance for “Sought To Acquire” Requirement Under Child Status Protection Act

The Child Status Protection Act (CSPA) protects certain beneficiaries from losing eligibility for immigrant visas and adjustment of status due to their aging during the immigration process, which can lead to the beneficiary no longer qualifying as a child for immigration purposes. The CSPA provides a method to calculate the noncitizen’s age based on the date an immigrant visa becomes available. To benefit from the calculation, the noncitizen must seek to acquire lawful permanent resident (LPR) status within 1 year of immigrant visa availability. To date, USCIS had not addressed the effect on the CSPA age calculation for a noncitizen whose extraordinary circumstances (for the purpose of excusing the “sought to acquire” element) existed within the period a visa first becomes available.

On September 25, 2024, USCIS clarified that the Agency calculates the CSPA age of an applicant who established extraordinary circumstances and is excused from the sought to acquire requirement using the date that the immigrant visa first became available when that immigrant visa is continuously available for a 1-year period without any intervening visa unavailability. Additionally, in instances where the immigrant visa became available and then unavailable, USCIS may calculate an applicant’s CSPA age using the date an immigrant visa first became available if the applicant demonstrates extraordinary circumstances for not applying for adjustment of status before the immigrant visa became unavailable.

Link: USCIS Makes Additional Updates to Policy Guidance for the “Sought to Acquire” Requirement Under the Child Status Protection Act | USCIS

USCIS Issues Fact Sheet on Family-Based Conditional Permanent Resident Waiver Filing Requests

USCIS issued a fact sheet on September 12, 2024, with information on family-based conditional permanent resident status, specifically regarding the joint filing of Form I-751 (Application to Remove Conditions) when it is required. The fact sheet explains how to identify if there are conditions on one’s permanent resident status, the differences between joint petitions and waivers, and critical filing timelines.

Link:  Conditional Permanent Residence | USCIS

Green card validity extended to 36 months while waiting for replacement card

Effective Sept. 10, 2024, U.S. Citizenship and Immigration Services (USCIS) is automatically extending the validity of Permanent Resident Cards (Green Cards) to 36 months for lawful permanent residents who properly file Form I-90, Application to Replace Permanent Resident Card, to renew an expiring or expired Green Card. Form I-90 receipt notices had previously provided proof of an automatic 24-month extension. USCIS has since updated the language on Form I-90 receipt notices to extend validity for 36 months from the expiration date on the face of the current Green Card for individuals with a newly filed Form I-90 renewal request. USCIS has started printing amended receipt notices for individuals with a pending Form I-90. These receipt notices can be presented with an expired Green Card as evidence of continued status and employment authorization. Permanent Residents who no longer have their Green Cards and need evidence of lawful permanent resident status while waiting on a replacement may contact USCIS to schedule an appointment at a Field Office where they can obtain an Alien Documentation, Identification, and Telecommunications (ADIT) stamp in their passport after filing Form I-90.   

Link:  USCIS Extends Green Card Validity Extension to 36 Months for Green Card Renewals | USCIS

September 2024 Visa Bulletin

Each month, the U.S. Department of State (DOS) publishes the Visa Bulletin, listing all "preference" categories and states whether a backlog exists for each one. In addition, the categories are folded into two charts: “Final Action” chart and a “Dates for Filing” chart for Family-Based immigration and Employment-Based immigration.

In September, the EB-1 preference category on the Final Action Chart was published as being current for all countries other than China and India. However, as of August 28, 2024, the State Department issued a notification that annual visa numbers had been reached in the EB-1 category. Due to this development, EB-1 cases may still be filed with USCIS in September, but will not be able to be approved in September. The State Department also indicated that annual visa numbers in the EB-3 and EB-4 categories had been reached, as well.

U.S. Citizenship and Immigration Services (USCIS) determined that Chart A (Final Action Dates Employment-Based Visa Applications) could be used by employment-based applicants in September, and Chart B (Dates for Filing Family-Based Visa Applicants) could be used by family-based applicants in September. Both the EB-2 and EB-3 preference categories remain backlogged for all countries, which means that individuals in these categories may not file Form I-485 applications until their priority dates become “current.”

The September Visa Bulletin there has been a steady increase in demand for employment-based visas. As a result, most employment-based preference category limits for fiscal year (FY) 2024 are expected to be reached during September, if not sooner. If at any time an annual limit is reached, the relevant preference category would become immediately “unavailable,” and no further applications falling within that preference category would be approved through the end of the fiscal year.

Additionally, in September, the EB-3 final action dates for Rest of World, Mexico, and the Philippines, as well as the essential worker (EW) final action dates for Rest of World and Mexico, will retrogress. The bulletin says that the issuance totals in these categories are rapidly approaching the annual limit for FY 2024. “It is anticipated that the final action dates will advance in October 2024; however, date movement will depend on worldwide demand for EB-3 and EW visas and the estimated FY 2025 category limit,” the bulletin states.

The complete Visa Bulletin, including priority dates for family-based immigrant applications, can be found on the Department of State website.

If you have questions about planning, please schedule a consultation with one of the attorneys at Iandoli, Desai & Cronin (info@iandoli.com).

California Service Center Moves to New Address

On August 7, 2024, U.S. Citizenship and Immigration Services (USCIS) announced that on August 12, 2024, the California Service Center would be moving to a new address (noted below):

California Service Center
2642 Michelle Drive
Tustin, CA  92780

USCIS said applicants should refer to form filing address pages on uscis.gov to find the specific address information, including suite numbers, they should use depending on which form they are submitting.